23 December 2003 · Planning Committee
44, The Promenade, Castletown, Isle Of Man, IM9 1bq
The application sought full planning approval for a three-storey apartment block containing six one-bedroom (with study) units and six off-street parking spaces on a 391 sqm vacant site in a predominantly residential area of Castletown.
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The Planning Committee determined the proposal represented an overdevelopment of the plot due to the extent of built form leaving very limited amenity space around the building, with off-street parkin…
Policy 7.10 of the Castletown Local Plan
Requires 1.5 parking spaces per dwelling (needing 9 spaces for 6 units). Inspector noted potential for studies to become 2nd bedrooms but accepted 6 spaces as adequate given DoT Highways' no-objection and nearby street parking availability.
No adverse traffic impacts
no objection subject to connection conditions
Multiple consultees raised objections or concerns regarding overdevelopment, amenity impacts, and fire safety non-compliance, with one private objection withdrawn; Highways and Water Authority had no objections but requested conditions.
Key concern: proposals do not meet the requirements of the Fire Precautions (flats) Regulations 1996
Simcocks Advocates Limited (on behalf of Mr R M McHarrie)
Objectionthe proposed building encroaches over the right of way in favour of Mr McHarrie; Mr McHarrie requests that the Planning Committee refuse the application
Simcocks Advocates Limited (on behalf of Mr R M McHarrie)
No Objectionour client is prepared to withdraw his objection to the above application on the basis that the application remains exactly as submitted
IoM Water Authority
Conditional No ObjectionPlease see Note (1) and (3); For a change in the supply to a premises (domestic or commercial) the applicant should contact the loMWA Byelaws Inspector (Les Quayle), tel. 695957
Conditions requested: applicant must contact the Authority to ensure that a connection is obtained for water supply purposes, or an amendment to the existing supply under the terms of the Water Supply Byelaws
Press List
ObjectionCramped and overintensive. Poor parking/outlook no amenity space. Possible overlooking.
Department of Transport Highways Division
Conditional No ObjectionNo adverse traffic impacts
Conditions requested: The vehicle footway crossing shall be constructed in compliance with Manx Roads 2; The applicant must obtain approval from the Operations Section of the Department of Transport before carrying out any work within the highway
Department of Transport Highways Division
No CommentThe Highways Division does not wish to make further representation
Castletown Town Commissioners
Objectionrecommend that the application be refused
Castletown Town Commissioners
Objectionthe Commissioners have nothing further to add to their objections forwarded by letter on 09/10/03
Isle of Man Fire And Rescue Service
ObjectionArchitect to consult with fire safety department as proposals no not meet the requirements of the Fire Precautions (flats) Regulations 1996
The original application (03/01283/B) for erection of a six-apartment block with parking was refused by the Planning Committee on 12 December 2003 and confirmed on review on 27 February 2004, citing overdevelopment with limited parking and amenity space. Appellant argued adequate parking per DOT Highways, favourable site-to-footprint ratio (3.23:1) comparable to nearby developments, withdrawn neighbour objection, and proximity to promenade amenities. Council defended refusal emphasising cramped appearance, hard surfacing, limited outlook, and history favouring smaller-scale development like single dwellings. Inspector accepted parking provision as adequate but found the proposal overdeveloped, 'shoehorned' into the site with no meaningful outdoor amenity space for a suburban residential location, unlike nearby apartments with sea views or balconies. Appeal recommended dismissed on 16 July 2004.
Precedent Value
Dismissal emphasises need for meaningful private amenity space in suburban residential zones beyond parking, even with favourable ratios and consultee support; future applicants should prioritise landscaping/usable open areas over density and demonstrate differentiation from approved smaller-scale precedents.
Inspector: R S Hawthorne